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(Salt Lake City, Utah) A judge heard arguments
Thursday on a proposal that would extend health care benefits to domestic
partners of Salt Lake City employees.
In September, Mayor Rocky Anderson signed an
executive order to extend the benefits. (story)
However, opponents say Anderson can't sign the
benefits order, because only the City Council can set city policies.
The Alliance Defense Fund alleges Anderson
"flagrantly" violated Utah's constitutional amendment banning gay
marriage
.It asks the court to declare Anderson's order
illegal and bar the city providing in any manner any benefits to same-sex
couples.
The Public Employees Health Program (PEHP) is
refusing to cover same-sex partners unless the judge orders it to.
PEHP, which covers municipal workers in dozens of
cities and towns as well as state employees, said it reneged on an agreement
with Anderson after it was contacted by state Rep. LaVar Christensen (R-Draper)
who warned the benefits would be illegal under the terms of the amendment. (story)
But a city attorney says the order does not
violate Utah's anti-gay amendment because the benefits are an employee's choice,
not an automatic right.
He also says the benefits are not just tied to
marital status because dependent children are also eligible.
The judge says he'll take the matter under
advisement, but didn't say when he would rule on the issue.
While the issue is being fought in court the city
has begun registering people for the program (story)
but the benefits would not go into effect until the court rules.
©365Gay.com 2006
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